UNITED STATES FIDELITY & GUARANTY CO. v. UNITED STATES

No. 6973.

65 F.2d 639 (1933)

UNITED STATES FIDELITY & GUARANTY CO. v. UNITED STATES, for Use and Benefit of PRICE et al.

Circuit Court of Appeals, Ninth Circuit.

June 5, 1933.


Attorney(s) appearing for the Case

J. T. Pence and Harley W. Gustin, both of Salt Lake City, Utah, for appellant.

Richards & Haga, McKeen F. Morrow, and J. L. Eberle, all of Boise, Idaho, for appellees.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.


SAWTELLE, Circuit Judge.

This is an appeal from a judgment against the appellant surety company in an action brought against it by certain materialmen and labor claimants, in the name of the United States, on a contractor's bond. The action was brought under the Materialmen's Act, also known as the Hurd Act (40 USCA § 270). The case was tried before the court without a jury.

Appellant was the surety on a bond of one Rhivers, who had contracted, under...

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